The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

Sunday, June 10, 2007

Michel-Adrien Sheppard, aka Libray Boy, is linking to a new report by Privacy International that ranks the privacy practices of online companies. What's most interesting is that Google is at the bottom and merits special mention:

We are aware that the decision to place Google at the bottom of the ranking is likely to be controversial, but throughout our research we have found numerous deficiencies and hostilities in Google's approach to privacy that go well beyond those of other organizations. While a number of companies share some of these negative elements, none comes close to achieving status as an endemic threat to privacy. This is in part due to the diversity and specificity of Google's product range and the ability of the company to share extracted data between these tools, and in part it is due to Google's market dominance and the sheer size of its user base. Google's status in the ranking is also due to its aggressive use of invasive or potentially invasive technologies and techniques.

The view that Google "opens up" information through a range of attractive and advanced tools does not exempt the company from demonstrating responsible leadership in privacy. Google's increasing ability to deep-drill into the minutiae of a user's life and lifestyle choices must in our view be coupled with well defined and mature user controls and an equally mature privacy outlook. Neither of these elements has been demonstrated. Rather, we have witnessed an attitude to privacy within Google that at its most blatant is hostile, and at its most benign is ambivalent. These dynamics do not pervade other major players such as Microsoft or eBay, both of which have made notable improvements to the corporate ethos on privacy issues.

In the closing days of our research we received a copy of supplemental material relating to a complaint to the Federal Trade Commission concerning the pending merger between Google and DoubleClick. This material, submitted by the Electronic Privacy Information Center (EPIC) and coupled with a submission to the FTC from the New York State Consumer Protection Board, provided additional weight for our assessment that Google has created the most onerous privacy environment on the Internet. The Board expressed concern that these profiles expose consumers to the risk of disclosure of their data to third-parties, as well as public disclosure as evidence in litigation or through data breaches. The EPIC submission set out a detailed analysis of Google's existing data practices, most of which fell well short of the standard that consumers might expect. During the course of our research the Article 29 Working Group of European privacy regulators also expressed concern at the scale of Google's activities, and requested detailed information from the company.

In summary, Google's specific privacy failures include, but are by no means limited to:

Google account holders that regularly use even a few of Google's services must accept that the company retains a large quantity of information about that user, often for an unstated or indefinite length of time, without clear limitation on subsequent use or disclosure, and without an opportunity to delete or withdraw personal data even if the user wishes to terminate the service.

Google maintains records of all search strings and the associated IP-addresses and time stamps for at least 18 to 24 months and does not provide users with an expungement option. While it is true that many US based companies have not yet established a time frame for retention, there is a prevailing view amongst privacy experts that 18 to 24 months is unacceptable, and possibly unlawful in many parts of the world.

Google has access to additional personal information, including hobbies, employment, address, and phone number, contained within user profiles in Orkut. Google often maintains these records even after a user has deleted his profile or removed information from Orkut.

Google collects all search results entered through Google Toolbar and identifies all Google Toolbar users with a unique cookie that allows Google to track the user's web movement.17 Google does not indicate how long the information collected through Google Toolbar is retained, nor does it offer users a data expungement option in connection with the service.

Google fails to follow generally accepted privacy practices such as the OECD Privacy Guidelines and elements of EU data protection law. As detailed in the EPIC complaint, Google also fails to adopted additional privacy provisions with respect to specific Google services.

Google logs search queries in a manner that makes them personally identifiable but fails to provide users with the ability to edit or otherwise expunge records of their previous searches.

Please note that I am only able to provide legal advice to clients of my firm. If you have a privacy matter, please contact me about becoming a client. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser may not be protected by solicitor-client privilege.

The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Due to professional ethics, the author may not be able to comment on matters in which a client has an interest. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.